standard textile company v. stein mart

7/31/2019 Standard Textile Company v. Stein Mart

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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIOWESTERN DIVISION

STANDARD TEXTILE CO., INC.

Plaintiff,

Vs.

STEIN MART, INC.

Defendant.

Case No. 1:12-cv-807

Judge:

COMPLAINT AND JURY DEMAND

Plaintiff, Standard Textile Co., Inc., by its attorneys, for its Complaint, alleges as follows:

The Parties

1. Plaintiff Standard Textile Co., Inc. ("Standard Textile") is an Alabamacorporation having a principal place of business at One Knollcrest Drive, Cincinnati, Ohio

45237.

2. On information and belief, defendant Stein Mart, Inc. is a Florida corporationwith a place of business at 1200 River Place Blvd., Jacksonville, Florida 32207 (hereinafter

"Stein Mart"). On information and belief, Stein Mart is registered to do business in the State of

Ohio, and does substantial, systematic and continuous business in the State of Ohio and this

judicial district, including the operation of stores in the State of Ohio and this judicial district,

and the sale or offer for sale of the products accused to infringe the patent as set out below.

Jurisdiction

3. This is an action for patent infringement arising under the patent laws of theUnited States, Title 35, United States Code. Federal question jurisdiction is conferred pursuant

to U.S.C. 1331 and 1338(a).


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Count

Infringement Of United States Patent No. 5,495,874

4. The allegations of paragraphs 1-3 are incorporated by reference as though fullyset forth herein.

5. On March 5, 1996, United States Patent No. 5,495,874, entitled "Woven FabricSheeting" was duly and legally issued to Standard Textile (hereinafter "the '874 patent"), and

since that date Standard Textile has been the owner of the '874 patent. A copy of the '874 patent

is attached hereto as Exhibit 1.

6. During all relevant times, Standard Textile has marked the products that havebeen manufactured under the '874 patent in accordance with 35 U.S.C. 287.

7. On information and belief, Stein Mart has infringed, and currently is infringing,one or more claims of the '874 patent through the offer for sale, sale and importation into the

United States of certain sheets and/or pillowcases, including sheets and/or pillow cases sold by

Stein Mart under the name "Savannah" (hereinafter "the Accused Products").

8. On information and belief, the Accused Products are woven fabric sheetinghaving the feel and absorption characteristics of cotton, and the durability characteristics of

polyester, that is formed by warp and filling yarns that occupy and define the top and bottom

surfaces of the sheeting, and is characterized in that the warp yarns are comprised essentially of

spun cotton staples and the filling yarns are predominantly continuous filament polyester yarns,

such that the Accused Products infringe at least claim 1 of the '874 patent.

9. As a result of the actions of Stein Mart, Standard Textile has suffered, andcontinues to suffer, substantial injury, including irreparable injury, and Standard Textile has been

damaged and will continue to be damaged unless Stein Mart is enjoined by this Court.


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WHEREFORE, Standard Textile prays:

A. That this Court enter a decree holding that Stein Mart has infringed UnitedStates Patent No. 5,495,874.

B. That Stein Mart, and its agents, employees, successors and assigns, andany and all persons or entities acting at, through, under or in active concert or participation with

or under authority of or from them, be enjoined and restrained, preliminarily during the course of

this proceeding and thereafter permanently, from making, using, offering for sale, selling and/or

importing into the United States any product that infringes United States Patent No. 5,495,874.

C.

That Stein Mart be directed to destroy all products in its inventory that

have been found to infringe United States Patent No. 5,495,874.

D. That Stein Mart be directed to recall all products that have been sold thatinfringe United States Patent No. 5,495,874.

E. That Stein Mart be directed to notify all entities to whom they have soldany product that has been found to infringe United States Patent No. 5,495,874 of the judgment

entered in this action and that the product sold to such entity is an infringement of United States

Patent No. 5,495,874.

F. That a judgment be entered that Stein Mart be required to pay over toStandard Textile all damages sustained by Standard Textile due to the acts of infringement

complained of herein.

G. That Standard Textile be awarded the cost of this action and reasonableattorneys' fees.

H. That Stein Mart be ordered to file with this court and serve on StandardTextile within thirty (30) days after entry of final judgment of this cause a report in writing under


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oath setting forth in detail the manner and form in which Stein Mart has complied with the final

judgment.

I. For such other and further relief as the nature of the case may require andas may be deemed just and equitable.

Jury Demand

Plaintiff Standard Textile Co., Inc. hereby demands and request trial by jury of all

issues that are triable by jury.

Respectfully submitted,

Dated: October 19, 2012 /s/ Theodore R. RemaklusTheodore R. Remaklus

Trial Attorney

Kurt L. GrossmanWood, Herron & Evans, L.L.P.

2700 Carew Tower

441 Vine Street

Cincinnati, Ohio 45202Tel.: (513) 241-2324

Fax: (513) 241-6234

E-mail: [email protected]@whe-law.com

Counsel for Plaintiff

Standard Textile Co., Inc.


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EXHIBIT 1


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standard textile company v. stein mart

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